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HomeMy WebLinkAboutContract 41504 CITY SECRETARY I �' CONTRACT NO. - . )z)4r.. SERVICE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND GLENN'S AIR CONDITIONING &HEATING This Agreement made on July 11, 2007 between THE CITY OF FORT WORTH, Texas (hereinafter referred to as "CITY"), a home-rule municipal corporation situated in Tarrant, Denton, and Wise Counties, acting by and through the Community Action Partners and Glenn's Air Conditioning&Heating (hereinafter referred to as"Contractor"). In consideration of the following mutual covenants, City of Fort Worth and Contractor agree as follows: SECTION 1. Contractor will perform for City of Fort Worth, in a good and competent manner and subject to the provisions of this Agreement, the services of a heating and cooling contractor set forth in detail in Exhibit "A", attached and incorporated herein, on any premises specified by City of Fort Worth. To effectuate the provision of this section, Contractor's supervisory personnel will regularly inspect the premises and the work done by Contractor's employees and will exercise complete authority over all employees. SECTION 2. Contractor will furnish all labor, equipment and materials necessary to die performance of the covered duties, except any equipment and materials provided by City of Fort Worth. Contractor may use the equipment or materials provided by City of Fort Worth as is necessary to the careful performance of the covered duties, but should the equipment or materials be lost, damaged or destroyed, Contractor will reimburse City of Fort Worth for their replacement with equipment and materials of equal value, and for costs and expenses incident to replacement. SECTION 3. Contractor will perform Contractor's duties during the hours of 8:00 am. to 5:00 p.m. or as directed by City of Fort Worth. Work may continue past a normal eight(8)hour work shift if needed to abate a crisis or life-threatening situation. In any event, Contractor will perform Contractor's duties in a manner as to avoid inconvenience to the users of the premises and interference with City of Fort Worth's operations. SECTION 4. Contractor, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all laws, federal, state and local, including the Charter and all ordinances, rules and regulations of the City. It is agreed and understood that, if City calls the attention of OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contractor to any such violations on the part of Contractor, its officers, agents, employees, contractors or subcontractors, then Contractor shall immediately desist from and correct such violation. SECTION 5. CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE ANVOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR LNVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY-THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, EMPLOYEES, OF THE CITY OR THE OWNER; AND SAID CONTRACTOR DOES HEREBY COVENANT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS,OF WHATSOEVER KIND OR CHARACTER,WHETHER REAL OR ASSERTED, ARISING OUT OF, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS,EMPLOYEES, OR SUBCONTRACTORS,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, OR EMPLOYEES OF THE CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF TI4IS CONTRACT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OWNER OR THE OFFICERS, SERVANTS, EMPLOYEES, OF THE CITY. SECTION 5. During the term of this agreement, Contractor will carry and maintain in full force insurance of the following types and minimum amount with the City of Fort Worth, its Officers, Employees and Volunteers named as an Additional Insured: t. Commercial General Liability (CGL) 51,000,000 each occurrence 52,000,000 aggregate limit Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, be as comprehensive as the current Insurance Services Office (ISO)policy 2. Automobile Liability $1,000,000 each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned,hired and non-owned. 3. Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease- per each employee $500,000 Disease-policy limit GENERAL POLICY REQUIREMENTS • The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception... the additional insured requirement does not apply to Workers' Compensation policies • Forty-five (45) days notice of cancellation or non-renewal. It would be to the City's advantage to require the following clause: This insurance shall not be canceled, limited in scope or coverage, cancelled or non-renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth. • Wavier of rights of recovery(subrogation)in favor of the City of Fort Worth. • The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. • If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. • Unless otherwise stated, all required insurance shall be written on the"occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. • The deductible or self-insured retention(SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by the City's Risk Manager. • The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory Iaw, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety(days). • The City shall be entitled,upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. If Contractor does not obtain the insurance described above, or if City of Fort Worth is not furnished at the time specified with the requisite insurance certificates, or if the described insurance is terminated, altered, or changed in a manner not acceptable to City of Fort Worth, this agreement may be terminated by City of Fort Worth, immediately on written notice to Contractor. SECTION 7. All terms, conditions and specifications of the contract shall be considered material, and failure to perform any part of the contract shall be considered a breach of contract. Should the Contractor fail. to remedy any breach of contract within 14 days after written notification to the Contractor of the violation, the City may, at its option and in addition to any other remedies available to it under law, terminate the contract. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid. SECTION 8. City of Fort Worth will pay contractor monthly, within 30 days after receipt and approval of Contractor's invoice for services rendered, according to the schedule of rates shown on Exhibit A. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then the City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. Provided, however, that this Section is not intended to grant to the City an independent ground for termination of this agreement separate and apart from any grounds for termination for non-appropriation or non-availability of funds which would be provided to City by reason of Tex. Const. Ann. Art. 11, Sec. 5 and 7. SECTION 9. Contractor agrees that he will not, during the term of this agreement, enter into any agreement or relationship of any kind or conduct himself in any manner which could reasonably be expected to result in, or otherwise create, an either actual or perceived conflict of interest which would be adverse to the interest of City of Fort Worth. SECTION 10. a. Confidential information includes, but is not limited to, information that is used by City of Fort Worth; (1) is proprietary to, about or created by City of Fort Worth; (2)has been acquired for use by City of Fort Worth but is subject to privacy statues or regulations enacted by State and Federal authorities; or (3) is not typically disclosed by City of Fort Worth to, or known by,persons who are not employed by City of Fort Worth. b. Contractor understands and agrees that he has and will continue to acquire information of a proprietary and/or confidential nature relating to City of Fort Worth. Contractor hereby expressly agrees to maintain in strictest confidence and not to use in any way(including without limitation in any future business relationship of Contractor), publish disclose or authorize anyone else to use, publish or disclose in any way, any proprietary, confidential or other non-public information or document of any kind relating in any manner to City of Fort Worth. Contractor agrees further not to remove or retain any figures, calculation, letters, documents, lists, papers, or copies thereof, which embody confidential and/or proprietary information of City of Fort Worth, and upon completion of the services, return any such information in Contractor's possession. C. The covenants and agreements of Contractor set forth in this Section are of a continuing nature and will survive the expiration, termination or cancellation of this agreement regardless of the reason for such termination or cancellation. d. The Texas Public Information Act governs all information related to the City of Fort Worth. The City of Fort Worth shall make available to all persons complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees, unless that information is expressly exempt from disclosure by law. SECTION 11. a. It is the intention of the parties hereto that Contractor will act as, and be deemed in all respects to be, an independent contractor and not an employee or agent of City of Fort Worth. The doctrine of respondeat superior shall not apply as between Contractor and City and nothing contained in this Agreement shall be deemed to constitute City and Contractor as partners or joint venturers with each other, nor shall the Contractor be considered to be an agent, representative or employee of the City. Contractor shall have the exclusive control of and the right to control its employees and the details of its operation on the Premises and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. b. Contractor will be responsible for providing any labor, materials, equipment, transportation and facilities necessary or appropriate to timely and properly complete the services in accordance with the provisions of this agreement. The parties understand and agree that, so long as Contractor performs the services in accordance with the standards and other provisions set forth herein, Contractor will control and direct the performance of the services and will perform the services in an independent and professional manner. C. Contractor will not be empowered to and will not enter into any agreement or incur any obligations on behalf of City of Fort Worth or commit City of Fort Worth in any manner without City of Fort Worth's prior written consent, and Contractor shall indemnify and hold City of Fort Worth harmless from and against any and all expenses, costs and damages which City of Fort Worth may incur as a result of any breach or alleged breach of this covenant. SECTION 12. Contractor agrees that the City shall, until the expiration of four (4) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of four (4) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. Contractor and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor and subcontractors for the costs of copies at the rate published in the Texas Administrative Code. If the audit discloses overcharges of any nature by Contractor, in excess of 5% or the total contract cost, the Contractor shall pay the reasonable cost of the City's audit. SECTION 13. Contractor understands that he will be solely responsible for the full and timely payment of any and all taxes,liabilities, expenses and assessments of any kind in any way arising out of or relating to Contractor's receipt of compensation relating to this agreement or performance of services performed hereunder including, without limitation, social security, unemployment insurance, gross receipts taxes, withholding taxes, workman's compensation insurance and income taxes. Contractor hereby agrees that he will fully and timely comply with all federal, state and local laws, regulations and rules relating to such taxes, liabilities, expenses and assessments, and will furnish, upon the request by City of Fort Worth, satisfactory evidence of such compliance. SECTION 14. Contractor shall be prohibited from inducing, by force, intimidation, threat, threat of dismissal from employment, or any other means, any person employed by Contractor to give up any part of the compensation for which such person is entitled under terms of that person's employment. Contractor shall comply at all times with the provision of 18 United States Code §874 and any accompanying regulations, and any suspected violations of this provision shall be immediately reported to the Texas Department of Housing and Community Affairs. SECTION 15. Contractor shall abide by all requirements and regulations retaining to the reporting and patent rights involving research, developmental,"experimental or demonstration work, with respect to any discovery or invention which arises or is developed in the course of satisfying the terms of this agreement. Contractor shall be provided the provisions of the applicable federal agency's requirements regarding reporting and patent rights, which shall be incorporated into and become a part of this agreement. SECTION 16. No person shall, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, be excluded from participation; be denied the benefits;be subjected to discrimination under; or be denied employment in the administration of or in connection with any funds payable under this agreement. SECTION 17. a. Contractor shall establish, maintain and utilize internal control systems and procedures sufficient to prevent detect and correct incidents of waste, fraud and abuse in the Comprehensive energy Assistance Program (CEAP) and the Community Services Development block Grant (CSBG) and to provide for the proper and effective management of all program and fiscal activities funded by this agreement. Contractor's internal control systems and all - transactions and other significant events must be clearly documented and the documentation made readily available for monitoring by City of Fort Worth. b. Contractor shall give City of Fort Worth complete access to all of its records, relating to City of Fort Worth, its employees and agents for purpose of monitoring or investigating CEAP and CSBG. Contractor shall fully cooperate with City of Fort Worth's efforts to detect, investigate and prevent waste, fraud and abuse. Contractor shall immediately notify City of Fort Worth of any identified instances of waste, fraud or abuse. C. Contractor may not discriminate against any employee or other person who reports violation of the terms of this agreement or of any law or regulation to City of Fort Worth or to any appropriate law enforcement authority, if the report is made in good faith. SECTION 18. Contractor represents and warrants that it complies with: (1)all provisions of Executive Order Number 11246 of September 24, 1965,as amended by Executive Order Number 11375 of October 13, 1967 and applicable provisions of the Copeland "Anti-Kick Back"Act(18 U.S.C. 874)as supplemented in Department of Labor Regulations(29 CFR,Part 3). Any suspected violations of this provision shall be immediately reported to the Texas Department of Housing and Community Affairs. SECTION 19. Contractor covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect,which would conflict in any manner or degree with the performance of this contract. Contractor further covenants that in the performance of this contract no person having such interest shall be employed or appointed by contractor. No person (l)Who is an employee, agent,consultant,officer, or official of the contractor and who exercises or has exercised any functions or responsibilities with respect to assisted contract activities; or(2)Who is in a position to participate in a decision making process or gains inside information with regard to such activities,may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract,or agreement with respect hereto, or the proceeds thereunder,either for themselves or those with whom they have family or business ties, during their tenure. Contractor's employees,officers, and/or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from subcontractors,or potential subcontractors. SECTION 20. Contractor shall ensure that no funds under this contract are used, wither directly or indirectly, I the support of any religious or anti-religious activity, worship or instruction. SECTION 21. None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of the Contractor from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. No funds provided under this contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive,or judicial branches of government of Contractor,the State of Texas, or the government of the United States. None of the funds provided under this contract shall be paid to any official or employee who violates any of the provisions of this section. SECTION 22. If any term, provision, covenant or restriction of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder if this agreement and the other terms, provisions, covenants and restrictions hereof will remain in full force and effect and will in no way be affected, impaired or invalidated. It is hereby stipulated and declared to be the intention of the parties that they would have executed this agreement had the terms, provisions, covenants and restrictions which may be hereafter declared invalid, void or unenforceable not initially been included herein. If a court of competent jurisdiction determines that any restriction or portion thereof set forth in Sections IX and X is overly restrictive and unenforceable, the court may reduce or modify such restriction to those which it deems reasonable and enforceable under the circumstances, and the parties agree to request the court to exercise such power, and as so reduced or modified, the parties hereto agree that the restriction of Sections IX and X will remain in full force and effect, will be enforceable and will be enforced. SECTION 23. This agreement has been executed and delivered in the State of Texas. This agreement will be governed by, construed and enforced in accordance with the laws of the State of Texas. The parties agree that the proper venue and jurisdiction for any cause of action relating to the agreement will be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 24. Any alterations, additions, or deletions to the terms of this agreement which are required by changes in federal law or regulations are automatically incorporated into this agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. SECTION 25. Contractor assures and guarantees that it possesses that legal authority pursuant to an official motion, resolution, or action passed or taken, giving Contractor legal authority to enter into this agreement, receive the funds authorized by this agreement and perform the services Contractor has obligated itself to perform under this agreement. SECTION 26. The Texas Department of Housing and Community Affairs, any federal agency providing funds, the Comptroller General of the United States, or any of their duly authorized -- representatives shall have access to any books, documents,papers,and records which are directly pertinent to the agreement. SECTION 27. Contractor shall retain records pertinent to the agreement for a period of four (4) years after final payment by City of Fort Worth and all other pending matters are closed. SECTION 28. Each party herby acknowledges and agrees that is has had the opportunity to consult with its own legal counsel in connection with the negotiation of this agreement and that it has bargaining power equal to that of the other party hereto in connection with the negotiation, execution and delivery of this agreement. SECTION 29. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other parry, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION 30. If, by reason of Force Majeure as hereinafter defined, any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement, then such party shall give written notice of the particulars of such Force Majeure to the other party within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall be in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of government and people; civil disturbances;explosions; breakage or accidents to machinery,pipelines or canals;or other causes not reasonably within the control of the party claiming such inability. Force Majeure shall not excuse the obligation of Customer to pay for emergency water service provided under this Agreement. Payments to be made and services to be rendered under this agreement will not become due during a period of suspension. City of Fort Worth may secure the services contemplated from another source during any period in which Contractor suspends performance under this agreement. SECTION 31. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: City of Fort Worth: Attn: Anthony C. Meyers Assistant Director,PACS 4200 South Freeway,Suite 2200 Fort Worth,Texas 76115 With copy to: Sarah Fullenwider Assistant City Attorney 1000 Throckmorton Street Fort Worth,Texas 76102 Contractor: Glenn's Air Conditioning&Heating 451.7 Miller Ave. Fort Worth,Texas 76119 SECTION 32. This agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes and replaces any and all prior negotiations, undertakings,understandings or agreements(whether written or oral). SECTION 33. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. SECTION 34. This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the parties. The City shall be an independent contractor and shall be responsible at all times for directing its employees in the course of their duties. Contractor shall be responsible at all times for directing Customer's employees in the course of their duties. SECTION 35. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. SECTION 36. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION 37. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. IN WITNESS WHREOF, the parties have executed this agreement as of the date first set forth above. CONTRACTOR THE CITY OF FORT WORTH, COMMUNITY ACTION PARTNERS n By: Title: OW.UeZ l Title: Assistant Director,PACS Attested by: Marty Hendrix, tr Secretary aG c� � 0 00 0 0 o '0 °a® �0 °'; Contract Authorization �`)*0 r Y 00 -&t OFFICIAL RECORD CITY SECRETARY T WORTH, TX i Page 1 of 2 Tidwell, Allison From: McElroy, Denis C. Sent: Friday, February 25, 2011 1:31 PM To: Tidwell, Allison Subject: RE: Airrite Air Conditioning Amendment Attachments: Glenns.pdf Allison, Here's the Glenn's agreement that is the subject of the other amendment. From: McElroy, Denis C. Sent: Friday, February 25, 2011 11:41 AM To: Tidwell, Allison Subject: RE: Airrite Air Conditioning Amendment Here's the original AirRite agreement that is being amended. From: Tidwell, Allison Sent: Friday, February 25, 2011 10:46 AM To: McElroy, Denis C. Subject: FW: Airrite Air Conditioning Amendment Denis, Please see Gail's response below. Does our office process this amendment since we never got the original contract? JA. 'ro�iC41 Administrative/Records Technician City Secretary's Office Phone: (817)392-6090 Fax: (817) 392-6196 www.fortworthgov.org/csec 'The achievements of an organization are the resuCts of the combined effort of each in&viduaC - Vincent Lombardi From: Duncan, Gail Sent: Friday, February 25, 2011 10:38 AM To: Tidwell, Allison Subject: RE: Airrite Air Conditioning Amendment 2/28/2011 Page 2 of 2 The contract was signed internally in our department so there would be no city secretary contract number. From: Tidwell, Allison Sent: Friday, February 25, 2011 10:07 AM To: Duncan, Gail Subject: Airrite Air Conditioning Amendment Gail, We received a contract amendment for Airrite Air Conditioning Company, Inc.,but there is nothing on the memo that indicates the contract number this is amending. I cannot process the contract without all of the necessary information. Please provide the contract number. Thank you! ,�� ✓-0// Administrative/Records Technician City Secretary's Office Phone: (817)392-6090 Fax: (817)392-6196 www.fortworthgov.org/csec "?he achievements of an organization are the results of the combinedeffort of each inXividuaL"-'Vincent Lombardi 2/28/2011 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR-WO COUNCIL ACTION: Approved on 711012007 DATE: 7/10/2007 REFERENCE NO.: **P-10608 LOG NAME: 13P07-0106 CODE: P TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Non-Exclusive Purchase Agreements for the Heating and Cooling Assistance Program with AirRite Air Conditioning Co., Inc., and Glenn's Air Conditioning and Heating for the Parks and Community Services Department RECOMMENDATION: It is recommended that the City Council: 1. Authorize non-exclusive purchase agreements for the Heating and Cooling Assistance Program with AirRite Air Conditioning Co., Inc., and Glenn's Air Conditioning and Heating for the Parks and Community Services Department(PACSD) based on best value, with payment due 30 days from receipt of invoices; 2. Authorize this agreement to begin July 10, 2007, and expire July 9, 2008, with options to renew for three additional one-year periods; and 3. Authorize the City Manager to execute Inter-local agreements allowing other public entities to participate in this award in accordance with Local Government Code, 271.102, "Cooperative Purchasing Program." DISCUSSION: PACSD will use these agreements to provide residential heating and cooling assistance for elderly, disabled, and low-income citizens in the Tarrant County service area. PACSD assists these households to achieve energy self-sufficiency by addressing inefficient heating and cooling appliances in the residence. This assistance is part of the heating and cooling component of the State of Texas Comprehensive Energy Assistance Program. The Invitation to Bid consisted of detailed specifications describing required services and equipment to be furnished. No guarantee was made that a specific amount of goods or services would be purchased. Last year, PACSD spent approximately $668,444 on this grant funded program. The volume of citizens this program serves necessitates utilization of both vendors equally; therefore, a non-exclusive award is recommended. Each vendor will receive assignments in lots of ten. Once a vendor completes its lot assignment another lot of ten will be issued. M&C Review Page 2 of 2 , w Staff certifies that both recommended vendors are licensed by the State of Texas and are qualified to perform all services specified. INTERLOCAL AGREEMENTS -Allowing other public entities to participate in this award may result in the addition of other entities'quantities at the next bidding opportunity. Increasing the volume of goods and services bid increases the possibility of lower prices to the City through greater economies of scale. BID ADVERTISEMENT-This bid was advertised in the Commercial Recorder on April 4, and April 11, 2007. Purchasing solicited 73 vendors from the purchasing vendor database and 133 vendors from DemandStar.com plan holders. Two vendors submitted bid responses. BID TABULATION -See attached bid tabulation M/WBE -A waiver of the goal for M/ BE subcontracting requirements was requested by the Purchasing Division and approved by the M/ BE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS-This agreement may be renewed for up to three additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available, as appropriated, in the Parks and Community Services Department Comprehensive Energy Assessment Program Grant Fund. BQN\07-0106\CBR TO Fund/AccountlCenters FROM Fund/AccountlCenters Submitted for City ManaW's Offts_bX; Karen Montgomery (6222) Originating_DeQartment Head: Lena Ellis (8517) Additional Information Contact: Jack Dale(8357) ATTACHMENTS 07-0106 Heating and Cooling Assistance Program.pdf L.aa._. .--f3TTI-17LLnix--....,.:1.7..4..-17/1n/11nn17 i/ni /nn 11 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/10/2007 DATE: Tuesday, July 10, 2007 REFERENCE NO.: **P-10608 LOG NAME: 13P07-0106 SUBJECT: Authorize Non-Exclusive Purchase Agreements for the Heating and Cooling Assistance Program with AirRite Air Conditioning Co., Inc., and Glenn's Air Conditioning and Heating for the Parks and Community Services Department RECOMMENDATION: It is recommended that the City Council: 1. Authorize non-exclusive purchase agreements for the Heating and Cooling Assistance Program with AirRite Air Conditioning Co., Inc., and Glenn's Air Conditioning and Heating for the Parks and Community Services Department(PACSD) based on best value, with payment due 30 days from receipt of invoices; 2. Authorize this agreement to begin July 10, 2007, and expire July 9, 2008, with options to renew for three additional one-year periods; and 3. Authorize the City Manager to execute Inter-local agreements allowing other public entities to participate in this award in accordance with Local Government Code, 271.102, "Cooperative Purchasing Program." DISCUSSION: PACSD will use these agreements to provide residential heating and cooling assistance for elderly, disabled, and low-income citizens in the Tarrant County service area. PACSD assists these households to achieve energy self-sufficiency by addressing inefficient heating and cooling appliances in the residence. This assistance is part of the heating and cooling component of the State of Texas Comprehensive Energy Assistance Program. The Invitation to Bid consisted of detailed specifications describing required services and equipment to be furnished. No guarantee was made that a specific amount of goods or services would be purchased. Last year, PACSD spent approximately $668,444 on this grant funded program. The volume of citizens this program serves necessitates utilization of both vendors equally; therefore, a non-exclusive award is recommended. Each vendor will receive assignments in lots of ten. Once a vendor completes its lot assignment another lot of ten will be issued. Staff certifies that both recommended vendors are licensed by the State of Texas and are qualified to perform all services specified. INTERLOCAL AGREEMENTS - Allowing other public entities to participate in this award may result in the addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods and services bid increases the possibility of lower prices to the City through greater economies of scale. http://apps.cfwnet.org/ecouncil/printmc.asp?id=7669&print=true&DocType=Print 3/2/2011 Page 2 of 2 BID ADVERTISEMENT - This bid was advertised in the Commercial Recorder on April 4, and April 11, 2007. Purchasing solicited 73 vendors from the purchasing vendor database and 133 vendors from DemandStar.com plan holders. Two vendors submitted bid responses. BID TABULATION - See attached bid tabulation M/WBE -A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS - This agreement may be renewed for up to three additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION /CERTIFICATION: The Finance Director certifies that funds are available, as appropriated, in the Parks and Community Services Department Comprehensive Energy Assessment Program Grant Fund. BQN\07-0106\CBR FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Lena Ellis (8517) Additional Information Contact: Jack Dale (8357) ATTACHMENTS 1. 07-0106 Heating._andCooling_Assistance_Proaram.pdf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=7669&print=true&DocType=Print 3/2/2011